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Dog mess man back in court

By: KentOnline reporter multimediadesk@thekmgroup.co.uk

Published: 00:00, 19 June 2008

Updated: 10:53, 19 June 2008

ASBO man Desmond Luxon

Sheppey's first Asbo man has appeared in court again for continually failing to clear up his dog’s mess.

Desmond Luxon, 49, of High Street, Sheerness, was ordered to do 100 hours unpaid work and pay £200 costs for breaching the first borough council Anti-Social Behaviour Order which was issued for two years from March 1, 2007.

Cath Wallen, prosecuting at Sittingbourne Magistrates, said: “The Asbo was issued because he continually left his animal’s mess in a shared patio area. It forbade him from allowing the accumulation of dog faeces and bags containing dog faeces on the patio outside his flat.

“In March last year he was fined £800 and ordered to pay £200 costs to Swale Council and we prosecuted him for a second offence of not complying with the conditions of an abatement notice.

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“The notice, served in August 2005, ordered Luxon to remove and dispose of the mess every day and keep the patio in a clean and tidy condition.

“There were further complaints and the accumulation became excessive again.”

Miss Wallen also read a statement from Luxon’s neighbour Robert Brown which said the smell from the dog’s mess was “disgusting and it makes you physically sick. The position has now gone beyond a joke and it really makes me depressed”.

Miss Wallen added that a council enforcement officer had visited on Monday and the mess had not been cleared. She showed pictures to the magistrates.

Alan Balneaves, defending, said: “Mr Luxon had never been to court before this case and always works very hard. He is concerned about his elderly parents and the dog, called Buster, is 17 and on its last legs. He cannot go for a walk.

“Mr Luxon works from 8pm to 6am and the dog has to be kept in all that time.”

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Lewis Norris, chairman of the bench, said to him: “You are not appearing to comply with the Asbo so I would urge you to clear up after your dog.”

Full story in this week's Times Guardian

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